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ARMY | BCMR | CY2012 | 20120021550
Original file (20120021550.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  16 July 2012

		DOCKET NUMBER:  AR20120021550 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Army of Occupation Medal (Japan).

2.  The applicant states he does not understand why the Army Board for Correction of Military Records (ABCMR) denied award of the "Army of Occupation Medal (Japan)."  He served with Company F, 17th Infantry Regiment, 7th Infantry Division from March to August 1950 at Camp Schimmelpfennig (Sendai, Japan).  In early September 1950, his regiment boarded the U.S. General Black in Yokohama and sailed to Korea for Operation Chromite (invasion of Inchon).  According to Army Regulation 600-8-22 (Military Awards), he served approximately 6 consecutive months "as an occupation duty" before going to Korea.  He cannot understand being denied this medal when the regulation says the medal is awarded for 30 consecutive days at a normal post of duty. 

	a.  The 7th Infantry Division, consisting of the 17th Infantry Regiment, 31st Infantry Regiment, 32nd Infantry Regiment, and all the other units in his Division, according to the enclosed paper he sent, was on occupation duty after World War II.  First, after the Okinawan campaign and end of the War, the 7th Infantry Division was sent to Korea from 1945 to 1948 and assigned to occupation duty.  In 1948 the Division was withdrawn from Korea and sent to Northern Japan and assumed occupation duty.  His regiment, the 17th, was sent to Camp Schimmelpfennig in Sendai (Japan).  The 31st was sent to Camp Crawford near Sapporo, Japan and the 32nd was sent to Chitose.  
	b.  On page one of the Record of Proceedings, under "The applicant's request," number 2-b, line 4, it states that in January 1952 he was assigned to Headquarters Company, 2nd Battalion, 7th Infantry Regiment, 3rd Infantry Division, which is incorrect.  In January 1952, he was assigned to Headquarters Company, 1st Battalion, 7th Cavalry Regiment (Custer's Garryowen), 1st Cavalry Division.  The 1st Cavalry was reassigned from Korea to Japan in 1951; the 7th Cavalry was stationed in Camp Crawford, Japan, on occupation duty.  The 5th Cavalry and the 8th Cavalry were stationed in Chitose 1 and Chitose 2.  Therefore, he was on occupation duty for approximately 3 consecutive months.  Then in late March 1952 he went on his 2nd tour to Korea and was assigned to Headquarters Company, 2nd Battalion, 7th Infantry Regiment (Cotton Bailers), 3rd Infantry Division.

3.  The applicant provides:

* Self-authored statement, dated 14 October 2012
* Internet print-out from a website called 7th (Bayonet) Infantry Division, dated 12 October 2012

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120005639, on 18 September 2012.

2.  The applicant provided a self-authored statement which he believes constitutes a new argument and a print out from an internet site called "7th (Bayonet) Infantry Division."  This argument and document were not previously considered by the Board; therefore, they are considered new evidence/argument that warrants consideration by the Board.

3.  The applicant's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.

4.  He enlisted in the Regular Army on 17 November 1949 and held military occupational specialty 1814 (counterfire operations sergeant).  The highest rank he attained during this period of service was sergeant.

5.  He was honorably discharged on 30 January 1953 and credited with completing 3 years, 10 months, and 23 days of net active service, of which 
2 years, 1 month, and 5 days was listed as foreign service.  His DD Form 214 shows in:

* Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - Korean Service Medal with 1 silver service star and 2 bronze service stars and United Nations Service Medal
* Item 28 (Most Significant Duty Assignment) - Headquarters Company, 2nd Battalion, 7th Infantry

6.  He was subsequently issued a DD Form 215 (Correction to DD Form 214), dated 4 November 2012, which shows he was further awarded or authorized the:

* Army Good Conduct Medal
* National Defense Service Medal
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation

7.  He provided an internet printout from a website called, 7th (Bayonet) Infantry Division, dated 12 October 2012, which states:

	a.  "With the end of World War Two (WWII), the 7th Infantry Division was assigned occupation duty in Korea.  This lasted until 1948 when the division was withdrawn from Korea in increments and assumed occupation duty on the northern Japanese island of Hokkaido.  The final 7th Infantry Division unit officially left Korea on 31 December 1948.  When war broke in Korea, the division initially was kept in Japan as Far East Command General Reserve and men from the unit were used [to] fill under-strength units already in Korea.  Plans changed with planning for the Inchon Invasion and the 7th Infantry Division became part of newly-formed X-Corps.  To fill its now-empty ranks, South Korean troops – called KATUSA for “Korean Army Troops (with) United States Army - were brought to man the division's empty spaces.  The 7th Division remained in Korea until it was deactivated in 1971."  

	b.  The 7th Infantry Division consisted of:

* Division Headquarters and Headquarters Company
* 17th Infantry Regiment
* 31st Infantry Regiment
* 32nd Infantry Regiment
* Division Artillery
* 31st Field Artillery Battalion (155mm)
* 48th Field Artillery Battalion (105mm)
* 49th Field Artillery Battalion (105mm)
* 57th Field Artillery Battalion (105mm)
* 15th Antiaircraft Artillery Battalion
* Division Troops
* Company A, 77th Tank Battalion who were replaced by: 73rd Tank Battalion (Medium) August 1950
* 13th Engineer Battalion (Combat)
* 7th Reconnaissance Company
* Division Special Troops
* 7th Medical Battalion
* 7th Signal Battalion
* 707th Ordnance Maintenance Battalion
* 7th Quartermaster Company

8.  Army Regulation 600-8-22 states that for award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary, or detached duty are precluded from eligibility.  

9.  Department of Army Pamphlet 672- 1 (Unit Citation and Campaign Participation Credit Register), does not cite the 17th Infantry Regiment, 7th Infantry Regiment, or the 3rd Infantry Division for occupation credit for Japan.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, the applicant's records were not available for review in this case.  As such, it is impossible to show if he served in any unit other than the unit listed on his DD Form 214.

2.  Department of the Army Pamphlet 672-1 does not show list the 17th Infantry Regiment, the 7th Infantry Regiment, or the 3rd Infantry Division as being among the units awarded occupation credit for Japan.  

3.  While Department of the Army Pamphlet 672-1 may not be correct, the internet print out he provided is not considered an official record because it did not come from an official military website or from official records, such as from the National Archives in College Park, MD.

4.  Regrettably, he still has not provided sufficient evidence and argument to show he is eligible for the Army of Occupation Medal with Japan Clasp. Therefore, there is insufficient evidence to justify adding this award to his         DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120005639, dated 18 September 2012.



      ___________x____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120021550



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20120021550



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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